- 2 - period of limitations precluded respondent from collecting petitioners’ outstanding 1990 Federal income taxes. After a hearing was held, respondent mailed to petitioners an adverse notice of determination relating to the NFTL and an adverse decision letter relating to the notice of intent to make a second levy. Held: We have no jurisdiction over respondent’s decision letter relating to respondent’s notice of intent to make a second levy, and the Court will dismiss sua sponte all issues relating thereto. Kennedy v. Commissioner, 116 T.C. 255, 261-262 (2001). Held, further, under 11 U.S.C. sec. 523(a)(1)(A) (1994), petitioners’ outstanding 1990 Federal income taxes were not discharged by the 1998 bankruptcy discharge order. Held, further, with regard to the facts involved in this case, sec. 6503(h), I.R.C., not sec. 6503(b), I.R.C., controls and suspends the running of the collection period of limitations from the date petitioners’ bankruptcy petition was filed to a date 6 months after the bankruptcy court issued its order of discharge. Accordingly, the period of limitations for collecting petitioners’ outstanding 1990 Federal income taxes had not expired at the time petitioners requested an Appeals Office hearing. Richmond v. United States, 172 F.3d 1099 (9th Cir. 1999), followed. Michael V. Severo, for petitioners. Gavin L. Greene, for respondent. OPINION SWIFT, Judge: This matter is before us in this collection action under Rule 121 on the parties’ cross-motions for summary judgment as to both respondent’s notice of Federal tax lien filing (NFTL) and respondent’s notice of intent to make a second levy.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008